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1934 Supreme(Mad) 467

VENKATASUBBA RAO
Govindaswami Mudaliar – Appellant
Versus
Rasu Mudaliar – Respondent


JUDGMENT

Venkatasubba Rao, J.

1. The question raised in this case relates to the construction of Section 17(2)(vi) of the Indian Registration 4ct. Under the clause as it originally stood, "decrees and orders of Courts and awards" were excepted from registration; but by an amendment made by Section 10 of the Transfer of Property (Amendment) Supplementary Act, 1929, the following clause was substituted:

any decree or order of a Court except a decree or order expressed to be made on a compromise and comprising Immovable property other than that which is the subject-matter of the suit or proceeding.

2. In Hementa Kumari Debi v. Midnapur Zemindari & Co. (1919) L.R. 46 IndAp 240 (246) : I.L.R. Cal. 485 : 37 M.L.J. 525 the Judicial Committee held, having regard to the wording of Order 23, Rule 3 of the Code of Civil Procedure, that where a suit is adjusted by a lawful agreement between the parties, the proper course is to recite the agreement in the decree or annex it as a schedule to the decree, but in either case the operative part of the decree should be confined to the actual subject-matter of the suit; then turning to the Indian Registration Act of 1908 and considering the meaning of the












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